Back to Sentencing Tables IndexThis table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon

Manslaughter - Young Child

Case

Type

Plea

Record

Sentence

Appeal

Facts

Vaughan

(1991) 56 A Crim R 355

Young child

Assault - domestic

PG

Mal inflict GBH

nil

MT 2y 6m

AT 9m

Crown AA

MT 3y 6m

AT 18m

Young father killed 5 month old child - threw child into lounge from shoulder height several times in response to child's continual crying. Broke child's arm two weeks earlier.

Ditfort

NSW CCA

17.3.1992

Young child

Assault - domestic

PG

minor

MT 7y 11m

AT 2y 6m

AD

Male punched de facto's child in stomach and head in response to her whingeing - failed to obtain medical assistance - placed child in bed and left house.

Chayna

(1993) 66 A Crim R 178

Diminished responsibility

Young child

Stabbing - domestic

VG

Murder

Conviction AA

manslaughter substituted:

MT 6y

AT 6y

Female invited sister-in-law to house and subjected her to 'frenzied attack', hiding body in backyard - later that night stabbed own daughter and left body in room for two days - stabbed second daughter two days later when she returned from camp.

Angered at crying of 2m daughter – slapped her to face then shook vigorously causing almost immediate death

Physically abused by mother and sexually abused by step-father – prospects of rehabilitation with aunt in Canada

Murdoch

NSW CCA

10.12.1998

Young child

Assault - domestic

PG

MT 10y

AT 5y

AD

Male angered when de facto's 3y son dirtied clothes - blow to abdomen and forced child to have cold shower - few factual details.

Wilkinson

(19)

[1999] NSWCCA 248

Negligence

Young child

General

VG

nil

MT 3y 6m

AT 3y

AD

Mother failed to protect well being of 6m son - ignored bruises for which de facto offered innocent explanations - ignored breathing difficulty - talked out of taking child to doctor by de facto over 2 days - suspected de facto mistreating child - inattentive and disinterested mother.

Significant depressive illness for long period of time and in dissociated state at time of killing

Forced into adoption by family. Support of family; remorse; rehabilitation.

Mika

Sagato

(2000) 116 A Crim R 31

NSWSC

Grove J

Unlawful and dangerous

Young child

General

PG

Nil

2y

suspended sentence

Husband and wife held down 3y child while mother poured water down his throat. All held genuine and religious beliefs about demons, and believed child needed to be exorcised. Mother found mentally ill.

Intense religious beliefs – remorse – parents to four children.

Howard

(26)

[2000] NSWSC 876

Studdert J

[2001] NSWCCA 309

Unlawful and dangerous

Young child

Assault - domestic

PG

(10%)

previous convictions including assault on 7 week old daughter

7y 6m

NPP 5y 6m

AA

Length of sentence confirmed but backdated to take into account PSC

Severe shaking of 8 month old son of de facto. No pre-meditation but lost temper at time of offence. Previous shaking of daughter should have heightened awareness of consequences of shaking.

Strict protection.

Bilton

(32)

[2000] NSWSC 1113

Bell J

Unlawful and dangerous

Assault – domestic

Young child

VG

nil relevant

7y

NPP 4y 6m

Punched two year old son of de facto in chest then severely shook child when child gasping for breath. Angered by child's crying. Also sentenced for 2 counts AOABH for throwing tube of ointment at child.

Not living with child and mother, limited intellectual ability, remorse, threatened in custody.

Li

[2000] NSWSC 1088

G.James J

Substantial impairment

Young child

PG

nil

5y GBB

Killed young child intending to then kill self.

Endogenous depression

Remorse and retained family support.

Recalde

(23)

[2000] NSWSC 1247

James J

Young child

Assault - domestic

PG

prior convictions including assault on 13 year old child

9y

NPP 6y

Killed 6 months old son of de facto. Threw baby onto kitchen bench after scalding self with boiling water. Water being boiled in preparation for shot of heroin. Earlier in evening baby burnt on forehead when offender accidentally knocked over lamp while under influence of heroin. Failed to obtain medical assistance.

Killed 2y son by forcefully ramming head into refrigerator. Very young and immature parents living in stressful circumstances with mother's parents.

Evidence of prior good character. Past problems with anger and aggression.

Cooper

(21)

[2001] NSWSC 769

Simpson J

Infanticide

Young child

Assault - domestic

PG

4y GBB

Female - Smothered 7 month old daughter. Also mother of 2 years old at time of killing. Difficult and abusive childhood - suffering depression prior to and after birth of all children - unable to cope with responsibility.

Eriksson

(23)

[2001] NSWSC 781

Ireland AJ

Co-offender: HILL

Negligence

Young child

General

PG

(50%)

insignificant

3y

NPP 18m

Female - 2y son 9 days thrown into lounge by de facto – failed to obtain medical assistance despite deteriorating health of child. Number of serious injuries inflicted on child by de facto over 10-14 days prior to death.

Difficult childhood - remorse - volatile and chaotic relationship with father of children then with co-offender - willing to give evidence against co-offender - will become blind within ten years - strict protection.

Hill

(23)

[2001] NSWSC 978

Ireland AJ

[2003] NSWCCA 16

Co-offender: ERIKSSON

Negligence

Young child

General

PG

(11%)

prior convictions

8y

NPP 6y

AA

6y

NPP 4y 6m

Physically abused 2y son of de facto over several weeks prior to death. Refused to obtain medical treatment. Not satisfied offender inflicted final injury. On appeal court found SJ could not have been satisfied appellant inflicted injury not prevented mother from obtaining medical assistance

Dominant partner in de facto relationship.

Laupama

(29)

[2001] NSWSC 1082

Bell J

Substantial impairment

Assault - domestic

Young child

PG

Kidnapping

(just under 10%)

assault

12y

NPP 8y

Hung de facto wife's five year old daughter in noose from pergola following separation from de facto.

Mother killed 5y son under stress of being parent. Multiple injuries – burning and bruising. Left child uncovered in cold bathroom in middle of winter. Refrained from seeking medical treatment until too late.

Suffering delusional disorder focussed on perceived sexual abuse by fathers of children - Faced losing custody of children at Family Court hearing - Attempted to kill self and three children by carbon monoxide poisoning - Only baby died

Improvement in mental health - Protective custody - Remorse

Webb

[2002] NSWSC 618

Hulme J

Unlawful and dangerous

Young child

Assault - domestic

PG

(10%)

AR, driving

7y 6m

NPP 4y 6m

Struck 8 month old baby daughter. At home alone with 5 children under 6 while wife went out shopping.

Unsettled upbringing. Aboriginal background.

O'Brien

[2003] NSWCCA 121

Negligence

Young child

General

VG

Nil

5y

NPP 2y

AD

1y daughter died of malnutrition – Refused to take daughter to hospital when requested by doctor – Claimed husband refused hospital treatment and she was threatened and dominated by him – Suffering BWS

Assistance against husband – Protective custody

Marshall

(22)

[2003] NSWSC 448

Adams J

Unlawful & dangerous

Young child

Assault - domestic

VG

(murder trial – 20% for offer)

6y

NPP 3y 6m

Shook 9m son of girlfriend – Minding child while mother at work – Unthinking, momentary anger – No history of abuse

Multiple injuries to 7m son of de facto – Punch caused lower teeth into roof of mouth – Punch to abdomen – Clamp to toes causing breaks – Died by asphyxiation or vomit inhalation – 5 unrelated offences taken into account on sentence

Forced head of 23m child of de facto against window – Threw child on mattress – Severe head injury – Continuous abuse over long period

Aboriginal with childhood history of physical And emotional abuse – Borderline Personality Disorder

Dawes

[2004] NSWCCA 363

Substantial impairment

Assault – domestic

Young child

PG

Nil

5y GBB

Crown AD

Mother suffocated 10y autistic son – Suffering major depressive illness – Unable to obtain proper assistance or intervention – V very difficult to manage – Verbal and physical abuse by husband – Illness and death of family members – Step father physically abusing daughter – Made serious attempt at suicide

Depressive illness

Remorse and contrition – Evidence of rehabilitation with daughter

HMF

(30)

[2005] NSWSC 1214

Latham J

Criminal negligence

Assault – domestic

Young child

PG

(25%)

Record for property offences

5y

NPP 3y 9m

Mother scalded 8m daughter in bath – no medical assistance called – no intent to harm

Female - Pushed 16w daughter of de facto into futon bed – head hit wooden armrest – frustrated at crying – asked cell mate to confess to killing over 2 months – attempted to have de facto lie about offence

Traumatic childhood resulting in early drug addiction - remorse

Compton

(30)

[2008] NSWSC 204

Studdert AJ

Unlawful and dangerous

Assault – domestic

Young child

PG

(10%)

Lengthy – assaults on de facto partners

9y

NPP 6y 9m

Assaulted 17m daughter of de facto – punched victim in stomach and to head – failed to tell mother or obtain medical care – child died next morning – coming down from amphetamines – angry at inability to obtain more drugs – lied to police

Intellectual disability

HA

(29)

[2008] NSWSC 1368

Rothman J

Criminal negligence

Young child

General

PG

(35% plea and assist)

Nil

2y suspended sentence

Failed to obtain medical care for 4y son – Son suffering numerous medical conditions resulting in severe malnutrition – Died from pneumonia and kidney infection – need for medical care would have been obvious to parents – medical care declined due to genuine religious beliefs of HA and husband – Husband older and dominating figure (although not abusive) – breach of trust - child otherwise well cared for – low level of culpability

Mother to ten surviving children – Husband died since arrest – subsequent support of family and providing good care for remaining children – remorse – borderline intelligence

Suffering long term psychiatric problems as a result of sexual assault and drug use

T Sam

M Sam

[2009] NSWSC 1003

Johnson J

(2011) 206 A Crim R 67

NSWCCA

Negligence – omission

Young child

General

VG

VG

Nil

Nil

8y

NPP 6y

5y 4m

NPP 4y

AD

Parents of 9m daughter failed to obtain appropriate medical treatment for eczema over many months – father a trained homeopath – each offender well educated - upon examination at hospital found to be in severe pain, malnourished, dehydrated, severe skin condition and ulcerated eyes – died from infection – serious case of negligence as seriousness of medical condition clear – failure constituted cruelty

Subsequently have 3y son – successfully treated for eczema – delay in charging – effect of imprisonment on son exceptional circumstances – limited insight into offences

Father of 7y daughter who died as a result of starvation and neglect – Daughter suffered developmental delay and autism – Left in bedroom in unhygienic conditions - Ignored daughter - worst case - Mother [SW] convicted of murder and sentenced to Life

Unlikely to reoffend – rehabilitation.

Nguyen (No.2)

(29)

[2009] NSWSC 1120

Hoeben J

Substantial impairment

Assault – domestic

Young child

VG

2 x mansl

nil

6y

NPP 4y

Vietnamese mother killed 5y son and 3y daughter – attempted to kill children with rat poison – suffocated both children then took poison herself – made several unsuccessful attempted at suicide - distressed at husband's infidelity and leaving relationship – severe depression – killings had an element of retribution although primarily altruistic

Severe depression

Genuine remorse

Shepherd

(31)

[2010] NSWSC 154

RA Hulme J

Unlawful and dangerous

Assault – domestic

Young child

PG

(12.5%)

Record including assaults

7y

NPP 4y 6m

Killed 4m son – had sole care of child after mother died – death caused by blunt force injury to head – accepted handling of child on occasion too rough on more than one occasion – threw child onto bed in frustration - no experience in caring for children and inadequate knowledge – caused fractured ribs on different occasion – offence in lower range

Failed to obtain medical assistance for his 7 week old baby – knew that NLH (partner and mother of victim) had harmed victim – NLH had thrown V into bassinet then pushed bassinet which fell onto the ground – V hurt – later in evening V stopped breathing - earlier injuries also found on V's body.

Young couple struggling financially – NLH difficulty in coping with raising two small children - Good character – supportive family – good rehabilitation prospects – remorse.

Killed 13m stepson – Held baby around the neck and shaking and choking him violently – Threatened mother with knife when she attempted to intervene – threw child on mattress and stomped on chest - Prior assaults over previous five months – slapped, shook, choked and punched baby on four prior occasions – impulsive offence

Aboriginal with difficult childhood – drug and alcohol abuse

Sutton

(19)

[2010] NSWSC 1273

Adams J

Unlawful and dangerous

Assault – domestic

Young child

PG

(25%)

minor

4y

NPP 2y

Caused death of 6m daughter through improper handling that a reasonable person would have known carried appreciable risk of harm – nature of assault unclear – probably shaking - no prior violence – 'this act of violence was an isolated aberration inconsistent with the offender's character, in all likelihood a single unpremeditated act of momentary frustration and lack of control in ignorance of the potential for significant injury'

Remorse – very good prospects of rehabilitation – strict protection

LTN

(29)

[2011] NSWSC 614

Hidden J

Substantial impairment

Young child

Drowning

PG

(20%)

nil

4y

NPP 2y

Suffering from schizoaffective disorder – drowned 2y daughter in canal – had been seeking to kill herself as well – impairment of very high order

Good family support – good prospects of rehabilitation

Rees

(27)

[2012] NSWSC 922

Grove AJ

Substantial impairment

Young child

Drowning

VG

(murder trial)

nil

5y

NPP 3y 2m

Female – drowned 17 month old daughter by leaving in bath – in ongoing destructive cruel relationship with father of child – lack of support - depression and depersonalisation led to actions which couldn't properly assess and control - otherwise a loving exemplary mother.

Good prospects rehabilitation – offer to plead guilty considered as mitigating factor

Forrest

(22)

[2013] NSWSC 377

Fullerton J

Unlawful & dangerous

Young child

Assault - domestic

PG

(10%)

Drugs, assault

8y

NPP 6y

In relationship with V's mother – V aged 4 – gave V a bath – repeatedly struck V to head, face and nose causing serious head injuries - struck V in abdomen – position of care and trust – considerable assault but not sustained or premeditated – affected by drugs.

Failed to obtain medical treatment for 6y daughter of de facto – victim assaulted by mother – after unsuccessful attempts to revive child offender put her to bed and went to work next day – child died during day – body placed in suitcase for several days then placed in shallow grave in bush and burned – gave false accounts of disappearance and laid false trails for over nine months – aware V subjected to long term physical abuse at hands of mother – acted out of loyalty to de facto – manslaughter top of range – accessory worst case

A (No 5)

(34)

[2015] NSWSC 670

Bellew J

Negligence

Young Child

VG

Nil

4y 6m

NPP 2y 6m

Female – mother – omission by A to obtain medical treatment over 1 month period for V, her 2 year old son - V suffered physical injuries and displayed symptoms of being unwell – no evidence A present when V suffered injuries .

Period of offending followed A's hospitalisation following episode of self-harm - A otherwise appropriately attentive to V's needs - offending behaviour was aberrant – no deliberate decision not to obtain medical assistance - not a case of total abandonment of responsibility by A.

Mother to four children including 7y male victim- intellectually disabled victim subjected to constant physical and psychological abuse by offender and her partner as method of discipline – lied to police suggesting death result of fall from pogo stick – failed to obtain medical assistance for 24h – all offences committed in presence of siblings (children) – substantial emotional and physical harm – manslaughter most serious case of neglect – other offences vary in seriousness from low to above mid-range